Process to impeach the Chief Justice of India

Process to impeach the Chief Justice of India

In news: The Congress and six other opposition parties have moved a notice for the impeachment of Chief Justice of India (CJI) Dipak Misra, accusing him of “misbehaviour” and “misusing” authority. So far, no Chief Justice has ever been impeached in India.

Procedure for removal of CJI:

Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of “misbehaviour or incapacity”.

The process:

• Step 1: A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House. This can be in either of the Houses of Parliament.
• Step 2: The Speaker/Chairperson can either accept or reject the motion.
• Step 3: If the motion is admitted, then the Speaker/ Chairperson forms a three-member committee comprising a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist to investigate the charges leveled against the CJI.
• Step 4: If the committee supports the motion, it can be taken up for discussion. It must be passed by a special two-third majority of MPs in both the Lok Sabha and Rajya Sabha.
• Step 5: After it is passed in both Houses, it is presented to the President, who can pass a Presidential Order for removal of the CJI.

Can CJI continue to work during this period?

Both the Constitution and the Judges (Inquiry) Act of 1968 are silent on whether a judge facing impeachment motion should recuse from judicial and administrative work till he is cleared of the charges against him.

Sources: the hindu.